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1 

2 

3 

1 

2 

3 

4 

5 

6 

.'2d  Congress^ 
1*^  Session. 


^1 


[3] 


\ 


HESSAGE 


V  THE  PRESIDENT  OP  THE  UNITED  STATES, 


/f  A^  F/E 


"     rnoM      '  •■•  "'••'  ."■«■•■ 


i  '  ■  I  ,■  > 


(  M 


Tiit  1 V 


W^i/A  documents  relating  to  thecapiuret  abduction^  and  imprisonment  of 
American  citizenSf  by  the  provinnai  authorities  of  New  Brunswick^ 
and  the  measures  adopted  in  consequence  thereof  by  the  Government. 

'     .        ;    '  <i     ''•  il    ■  ^  i!.  _,  '     11  ■/  "'U>  i  (Mi.!    ■••i.ii 

,.,,,  .      '     .    ■  '  ',■!!<    U.     .r;i:  i'KJI     VvlO    '•.    , 

1831,  December  14 — Read.    '.   i.f    i     .'.j,-;,';.-,' i<  r' '  '•■*}> 
1831,  Decembeb  19— 'Ordered  to  be  printed.    '"       "•      •  '*>  •-'■*'■»• 

;••;;.        ,.■  ■  -I:.        ;=  .     ■    ■.    .'»    '  ;i  ,  ;.   -    .;  i.taf    'fill     ^i.    /',•.-   .  i>>,i'. .:.;  :  ^ 

'  ' ''  •  '  Washington,  December  13,  1831.    *• 

To  the  Senate  of  the  United  States:  j     . .     .  r'.»<v' 

I  transmit  herewith,  in  obedience  to  a  resolution  of  the  Senate,  of  the 
8th  December,  1831,  all  the  information  in  the  possession  of  the  Executive, 
relative  to  **  the  capture,  abduction,  and  imprisonment  of  American  citizens, 
by  the  provincial  authorities  of  New  Brunswick,  and  the  measures  which, 
in  consequence  thereof,  have  been  adopted  by  the  Executive  of  the  United 
States." 

.j^  ANDREW  JACKSON. 


List  of  papers  transmitted  to  the  Senate,  with  the  President's  Message, 
relative  to  the  imprisonment  of  •American  citizens  by  the  authorities 
of  New  Brunswick.  ' 

1.  Letter  from  Mr.  Van  Buren  to  Governor  Smith,  9th  March,  1881. 

2.  The  same  to  the  same,  18th  March,  1831. 

.3.  Mr.  Livingston  to  the  same,  5th  October,  1831. 

4.  The  same  to  the  same,  21st  October,  1831. 

5.  The  same  to  the  same,  16th  November,  1831.  *sw  in.. 
^     6.  Mr.  Livingston  to  Mr.  Bankhead,  17th  October,  1831.     itM(>  y  ' 

.^     7.  The  same  to  the  same,  28th  November,  1831.  ' 

S.  Mr.  Bankhead  to  Mr.  Livingston,  1st  October,  1831. 
,j    9.  The  same  to  the  same^  20lh  October,  1831. 

10.  The  same  to  the  same,  25th  November,  1831. 

11.  Gov.  Smith  to  Mr.  Livingston,  with  documents,  13th  October,  1831. 

12.  Gov.  Smith  to  Mr.  Livingston,  with  documents,  10th  Nov.  1831. 

13.  The  same  to  the  same,  with  documents,  12th  October,  1831. 


t'lSit        fj'. 


■  'lJ:^f^^ 


[3]  a      ,  ,/"'■/,,■ 

Mr.  Van  Buren  to  Mr.  Smith.  ' 

Departwent  OP  State, 

Washington,  9//i  iJ/izrci^,  1831. 

Sir:  I  liad  the  honor  yesterday  to  receive  the  letter  which  your  Excel- 
lency wrote  to  me  on  the  2d  of  this  month,  enclosing  one  addressed  to  the 
President  of  the  United  States,  communicating  resolves  of  the  Legislature 
of  Maine  in  relation  to  the  boundary  between  that  State  and  the  British 

Srovince  of  New  Brunswick,  and  its  reference  to  the  arbitrament  of  the 
[ing  of  the  Netherlands;  and  to  state  to  your  Excellency  that  I  forthwith 
laid  the  letter  for  him,  with  its  enclosures,  before  the  President,  agreeably 
to  your  request. 

I  am  now  directed  by  the  President  to  inform  your  Excellency,  as  I 
have  the  honor  of  doing,  that  an  official  account  has  not  yet  been  received  by 
this  Government,  of  the  award  of  the  King  of  the  Netherlands  upon  the 
questions  submitted  to  his  arbitrament,  in  relation  to  the  boundary  re- 
ferred to;  but  that,  as  soon  as  it  is  received,  he  will  cause  a  copy  to  be  pre- 
pared, and  communicated  to  your  Excellency.  In  the  mean  time,  I  am 
authorized  and  directed  by  him  to  add,  for  the  information  of  your 
Excellency,  and  of  the  Legislature  of  Maine,  that  its  resolves  shall  receive 
all  the  attention  of  the  Executive  of  the  United  States,  to  which  the  im- 
portance and  delicacy  of  the  points  embraced  in  those  resolves,  and  the 
deep  interests  which  they  involve,  as  well  as  the  high  respectability  of  the 
source  from  which  they  emanate,  so  eminently  entitle  them. 

I  have  the  honor  to  be,  &c., 

M.  VAN  BUREN. 
His  Excellency  Samuel  E.  Smith, 

Governor  of  the  State  qf  Maine  y  Portland, 


Same  to  same. 

Department  of  State, 

Washington,  ISth  Marchf  1831. 

Sir:  By  the  President's  direction,  I  have  the  honor  to  transmit,  here- 
with, to  your  Excellency,  a  copy  and  translation  of  the  award  given  in  re- 
lation to  the  northeastern  boundary  of  the  United  States,  upon  the  question 
which  was  submitted  to  the  King  of  the  Netherlands  by  this  Government 
and  that  of  Great  Britain,  concerning  that  boundary;  which  award  was  of- 
ficially delivered  to  the  Minister  of  the  United  States  at  the  Hague,  on  the 
10th  day  of  January  last,  and  by  him  forwarded  to  the  department,  where 
it  was  received  on  the  16th  instant. 

With  a  view  of  making  your  Excellency  acquainted  with  the  state  of  this 
transaction,  as  received  here,  I  also  transmit,  herewith,  a  copy  of  the  protest 
which  the  Minister  of  the  United  Stales  at  the  Hague  thought  it  his  duty, 
without  instructions  to  that  effect  from  the  President,  to  address  to  the  Mi- 
nister of  Foreign  Affairs  of  the  Government  to  which  he  is  accredited,  against 
the  award  referred  to,  together  with  extracts  from  his  despatch  to  this  de- 


i 


S 


thii 
tht 


I 


the 
ith 
bly 


:eive 
im- 
the 
the 


9  [  3  ] 

l)artnient,  shewing  the  cljarneter  of  his  pretest,  and  the  grounds  upon  which 
it  was  made,  and  a  copy  of  the  correspondence  between  himself  and  Sir 
Charles  Bagot,  the  ambassador  of  Great  Britain  at  the  same  court,  upon  the 
subject. 

Mr.  Preble  has  asked  leave  of  absence,  for  the  purpose  of  visiting  the 
United  States,  which  will,  forthwith,  be  granted,  and  expressed  an  earnest 
wish  that  he  may  be  further  heard  upon  the  subject  before  any  measures  in 
regard  to  it  are  adopted  by  the  President.  7.  \ 

I  have  the  honor  likewise,  by  the  direction  of  the  President,  to  repeat 
the  assurance  which  I  made  to  your  Excellency  in  his  behalf,  in  my  letter 
of  the  Otk  instant,  that  the  subject  of  this  award  will  receive  all  the  atten- 
tion and  consideration  to  which  its  great  importance  and  the  interests  of  the 
State  of  Maine,  so  materially  involved  therein,  especially  entitle  it,  in  the 
councils  of  the  Executive  of  the  United  States;  and  to  add  that  no  time  will 
be  lost  in  communicating  to  your  Excellency  the  result  of  his  deliberations 
upon  it  as  soon  as  he  shall  have  determined  upon  ths  course  which  a  sense 
of  his  high  and  responsible  duties  may  suggest  as  proper  on  the  occasion. 

Under  these  circumstances,  the  President  will  rely  with  confidence  upon 
the  candor  and  liberality  of  your  Excellency  and  the  other  constituted  au- 
thorities of  Maine,  in  appreciating  the  motives  which  may  influence  that 
course  on  his  part,  and  in  a  correspondent  interpretation  of  them  to  your 
constituents,  in  whose  patriotism  and  discretion  he  has  equal  confidence. 

In  making  this  communication  to  your  Excellency,  I  am  instructed  by 
the  President  to  express  his  desire  that,  while  the  matter  is  under  delibera- 
tion, no  steps  may  be  taken  by  the  State  of  Maine,  with  regard  to  the  dis- 
puted territory,  which  might  be  calculated  to  interrupt  or  embarrass  the  ac- 
tion of  the  Executive  branch  of  this  Government  upon  the  subject. 

I  have  the  honor  to  be,  &c.  &c. 
;-i^.«'^»*.a>  M.  VAN  BUREN,. 

His  Excellency  Samuel  E.  Smith,    ^5^1  ^^  .«::»•  >    :;■  r./  W 

Governor  of  Maine.  ' 


>1S^*^'  -vii-     ',fl    <■-    . 

■••  N>ii  ii:':;' 

'::■:;..    'Uv:--  •> 

■if'i  gn^  ;,!7j«:  f!-  •■ 

»)A^ 

'.^i.'itayffi  auM:.v"<i» 

■^^l 

n 


Mr.  Livingston  to  Mr.  Smith. 


-K*\ 


.<v 


.ir 


'.'■*hoii.'<,».; 


'4'» 


Department  op  State, 

fVashingtont  Oct.  5,  1831. 

Sir!  I  have  the  honor  to  transmit  to  your  Excellency  the  copy  of  a  note 
just  received  from  the  Charge  d'Affaircs  of  His  Britannic  Majesty.  Iii  di- 
recting me  to  make  this  communication,  the  President  has  instructed  me  to 
ask  for  such  information  on  the  subject  as  you  may  possess,  and  to  add  the 
expression  of  his  earnest  wish  that  no  measures  may  be  taken  by  the  State 
authorities  that  will  change  the  state  of  things,  before  the  whole  subject  can 
be  acted  upon  at  the  ensuing  session  of  Congress.  fs*''^'  s>ouj>53oai,'j  um 

Your  Excellency,  and  the  people  of  your  State,  must  be  fully  aware  of 
the  embarrassment  which  will  be  created  by  any  act  tending  to  produce  irri- 
tation between  the  two  countries,  and,  at  the  same  time,  the  inutility  of  ex>' 
tending  jurisdiction  where  it  was  not  exercised  beforej  and  when  it  may  beJ 
contested,  or  provoke  a  like  extension  on  the  other  side,  and  that  too  at  s6 
short  a  period  before  the  meeting  of  Congress,  when  it  cannot  be  doobted 
that  such  measures  will  be  taken  as  may  comport  with  justice,  the  peace  of 
the  nation,  and  the  right  of  the  State.  ?.j  jv«ui>«  >.■•-    .»i>,  ..-s^^r  k.u^  ^slu  vjc 


tS]  4 

The  President  directs  iiui  to  say  that  he  relies  on  your  Exoellency's  pru- 
dence to  avoid  any  unnecessary  exertion  of  authority  over  the  contested 
j^round,  and  to  repress,  as  far  as  lies  in  your  power,  all  such  acts  as  may  en- 
danger the  quiet  of  the  bordering  territory. 

Congress  will  meet  in  the  course  of  a  few  weeks,  and  it  will  be  a  source 
of  deep  regret  if  the  moderation  and  forbearance  which  have  hitherto  cha- 
racterized the  Government  and  people  of  Maine,  should  cease  to  guide  them, 
when  their  further  continuance,  for  so  short  a  period,  is  of  such  consequence 
to  the  nation,  The  President  has  instructed  me  to  make  these  reflections, 
more  from  a  feeling  that  it  was  his  duty  to  communicate  them,  than  from  any 
fear  that  they  would  not  suggest  themselves  to  your  Excellency,  and  have 
their  proper  influence. 

I  have  the  honor  to  be,  &c.  &c. 

EDW.  LIVINGSTON. 
His  Exc'y  Samuel  E.  Smith,  , 

Gouernor  of  the  State  of  Maine.  /.r  -  •<  ',      ,;  .x<^-a>',  l» 


» 


f(.>j« 


■  {•ft 


•  ifi''  >•■''■, 


ii»*f 


Same  to  same. 


■  '.i. 


V 


t'' 


"iM  ;.  I 


Department  of  State, 

Washington,  October  21,  1S31. 

Siju  As  soon  as  I  had  received  your  Excellency's  letter  of  the  18th  in- 
stant, 1,  by  direction  of  the  President,  wrote  to  the  Charg6  d'Aflaires  of 
his  Britannic  Majesty  a  note,  of  which  the  enclosed  is  a  copy,  by  which  you^ 
will  observe  the  extreme  desire  of  the  Executive  of  the  United  States  to 
conform,  with  scrupulous  good  faith,  to  the  arrangement  made  with  the 
Minister  of  Great  Britain,  for  preserving  the  state  of  things,  as  it  then  ex- 
isted on  both  sides,  until  a  final  disposition  could  be  made  of  the  question. 
This  arrangement  between  the  two  nations  was  communicated  to  your  Ex- 
cellency, and  it  was  distinctly  understood,  that  no  exertion  of  the  State 
authority  in  the  parts  of  the  disputed  territory  which  were  actually  held  by 
the  British,  should  interfere  with  this  agreement.  The  first  extract  from 
your  letter  which  I  communicated  in  mine  to  Mr.  Bankhead,  gave  the  Pre- 
sident reason  to  believe,  as  I  expressed  myself,  that  the  election  meetings 
at  Madawasca  were  unauthorized,  as  they  were  clearly  a  breach  of  the  ar- 
rangement with  the  British  Minister.  Your  Excellency's  letter,  however, 
of  the  1 3th  instant,  has  given  to  the  President  much  concern.  The  call  for 
his  protection  to  the  citizens  of  your  State  who  have  been  arrested,  in  con- 
sequence of  those  proceedings,  and  for  repelling  what  you  consider  as  an. 
invasion  of  the  State,  would  have  called  for  very  dificrent  measures,  if  the 
first  departure  from  the  understanding  between  the  two  Governments  had 
not  proceeded  from  the  persons  who  have  been  arrested,  and  if  the  authori- 
ty exercised  recently  by  the  Government  of  New  Brunswick  had  been  a 
settlement,  which,  at  the  time  of  the  arrangement,  was  not  de  facto  in  the 
occupation  of  the  British.  As  the  case  is,  however,  the  President  cannot 
consider  the  continuance  of  the  occupation  by  the  officers,  civil  or  military, 
of  the  British  Province,  as  an  invasion,  but  will  take  all  proper  measures  to 
procure  the  release  of  the  ill  advised  persons  who  have  been  the  cause  of  the 
disturbance.  The  President  desires  me  to  reiterate  to  you  his  anxious  de- 
sire that  you  would  use  your  authority  and  influence  to  prevent  any  further 


ru- 
led 


«  [3] 

collision  with  the  British  authorities,  in  tho  firm  persuasion  that  the  wisdom 
of  Congress  will  direct  such  ultimate  measures  as  will  bring  the  controver- 
sy to  a  close,  consistent  with  the  interest  and  dignity  of  the  United  States, 
and  particularly  with  the  State  interested  in  the  question.  He  receives  the 
strongest  assurances  from  the  Representative  of  the  British  Government, 
that  no  innovation  will  be  countenanced  on  the  part  of  its  provincial  func- 
tionaries, and,  on  our  part,  good  faith,  as  well  as  the  protection  of  the  fron- 
tier from  unauthorized  mutual  inroads,  require  the  same  course  of  conduct. 

1  have  the  honor  to  be,  &c.  &c. 

EDVV.  LIVINGSTON, 
His  Excellency  Samuel  E.  Smith» 

Governor  of  Mainej  Portland. 


1.1 


•  •''■k  1 J , 


Mr.  Livingston  to  Mr.  Smilli.  *  >    .i  ( 

;*       .    ,„  Department  OP  State, 

fVashing/on,  November  16,  1831 

Sin:  1  had  the  honor  this  morning  to  receive  your  Excellency's  letter 
of  the  10th  instant,  with  its  enclosures,  all  of  which  were  immediately  sub^ 
f  mitted  to  the  President,  who  directs  me  to  say  that  he  learns  with  great 

satisfaction  that  "a  meeting  of  the  executive  council  has  been  held,  and 
measures  adopted  to  prevent,  if  possible,  any  further  collision  between  our 
citizens  and  the  authorities  of  New  Brunswick,  until  the  meeting  of  Con- 
gress." This  disposition  justifies  the  confidence  he  felt  in  the  moderation 
and  wisdom  of  tho  Government  and  peop' '  of  Maine;  and  he  instructs,  me 
to  add  the  expression  of  his  belief  that,  by  a  prrsoverance  in  the  same  course, 
the  end  lo  desirable  to  all  may,  by  the  intervention  of  Congress,  be  attained, 
that  of  bringing  the  controversy  with  respect  to  the  northeastern  boundary 
to  such  a  close,  as  may  consist  with  the  interest  of  the  United  States  and  the 
rights  of  the  State  of  Maine. 

In  the  meantime,  measures  have  been  taken  which,  it  is  expected,  will 
procure  the  release  of  the  persons  confined  at  Fredericton. 
..,  . .  „,,      ,, , ,  I  have  the  honor  to  be,  &c.  &c. 

EDWARD  LIVINGSTON.  ' 
His  Exc'y  Samuel  E.  Smith,  >,j,ii  ,j 

Governor  of  Maine,  Portland.      .  <■  . ,  .|     ; 


>i 


rl; 


«:i' 


>3V 


Letter  from  Mr,  Livingston  to  Mr.  Bankheadj  Charge  d* Affaires  of 

his  Britannic  Majesty, 

'  Department  or  State, 

Washington,  October  17,  1831. 

,  Sir:  Immediately  after  receiving  your  note  of  the  1st  instant,  I  wrote  to 
the  Governor  of  the  State  of  Maine  for  information  on  the  subject  of  it  I 
have  just  received  his  answer,  of  which  I  have  the  honor  to  enclose  two  ex- 
tracts. By  the  first,  you  will  perceive  that  the  elections  of  town-officers  in 
the  settlement  of  Madawaska,  of  which  complaint  was  made  in  the  papers 


[3] 


« 


"i 

I 


enclosed  in  your  letter,  were  made  under  color  of  a  general  law  which  was 
not  intended  by  cither  the  Executive  or  Legislative  authority  of  that  State 
to  be  executed  in  that  settlement,  and  that  the  whole  was  the  work  of  in^ 
considerate  individuals. 

By  the  second  extract,  it  will  appear  that  the  individuals  said  to  have 
been  most  prominent  in  setting  up  the  authority  of  the  State,  have  been  ar- 
rested by  order  of  the  Lieutenant  Governor  of  the  province  of  New  Bruns- 
wick, and  were  on  their  way  to  bo  imprisoned  at  Fredericton. 

The  innovation  on  the  existing  state  of  things,  in  the  disputed  territory, 
being  distinctly  disavowed  by  tlic  Executive  authority  of  the  State,  no  act 
of  authority  or  exercise  of  jurisdiction  having  followed  the  elections,  1  would 
respectfully  suggest  the  propriety  of  your  recommending  to  the  Lieutenant 
Governor  of  New  Brunswick  the  release  of  the  prisoners  who  were  arrested 
for  exercising  this  act  of  authority  in  the  territory  mutually  claimed  by  the 
two  nations,  contrary  to  the  understanding  between  their  Governments. 

It  is  their  avowed  object  to  avoid  any  collision  until  the  intention  of  botii 
parties  in  relation  to  the  award  shall  be  fully  known;  all  subjects  calculated 
tt)  produce  irritation,  therefore,  ought  evidently  to  be  avoided.  The  arrest 
of  the  persons  concerned  in  the  election  must  produce  that  feeling  in  a  high 
degree.  A  conviction  cannot  take  place  without  eliciting  a  decision  from 
the  bench  declaratory  of,  and  enforcing  the  jurisdiction  over  the  territory 
in  dispute,  which  it  is  the  present  policy  of  both  powers  to  avoid,  at  least 
for  the  short  time  that  must  elapse  before  the  question  can  be  finally  settled. 
If  punishment  should  follow  conviction,  the  passions  that  would  be  excited 
must  inevitably  be  hostile  to  that  spirit  of  conciliation  so  necessary  where 
sacrifices  of  national  feeliag  and  individual  interest  are  required  for  the 
common  good.  It  would  be  absurd  here  to  enter  into  the  question  of  title. 
Both  parties  claim  it;  no  act  that  either  can  do  is  necessary  to  assist  its  right, 
while  there  is  hope  of  an  amicable  arrangement;  and  it  was  with  this  view 
of  the  subject  that  a  mutual  understanding  has  been  had,  to  leave  things  in 
the  st9te  in  which  they  are,  until  the  question  of  the  award  is  settled. 

On  the  part  of  the  Americans,  some  individuals,  in  contravention  of  this 
understanding,  have  proceeded  to  do  acts,  which,  if  followed  out,  would 
change  the  political  State  of  part  of  the  disputed  land;  but  it  has  not  been 
so  followed  out:  it  is  disavowed  by  the  power  whose  assent  is  necessary  to 
carry  it  into  execution.  It  is,  therefore,  of  no  avail,  and  can  have  no  more 
effect  than  if  the  same  number  of  men  had  met  at  Madawaska,  and  declared 
themselves  duly  elected  members  of  the  British  Parliament.  The  act  in- 
terferes with  no  right;  it  comes  into  actual  collision  with  no  established 
power.  Not  so  the  punishment  of  the  individuals  concerned.  This  is  at 
once  a  practical  decision  of  the  question,  and  may  lead  to  retaliating  legal 
measures;  for  if  the  Lieutenant  Governor  of  New  Brunswick  feels  himself 
obliged,  as  he  says  he  does,  to  impose  the  authority  of  the  law  within  which 
he  thinks  the  boundaries  of  his  province;  will  not  the  same  feeling  excite 
the  Governor  of  Maine,  under  the  same  sense  of  duty,  to  pursue  the  like 
measures;  and  thus  the  fruits  of  moderation  and  mutual  forbearance,  during 
so  long  a  period,  will  be  lost  for  the  want  of  perseverance  in  them  for  the 
short  time  that  is  now  wanting  to  bring  the  controversy  to  an  amicable 
close.  It  is,  therefore,  sir,  that  I  invite  your  interposition  with  his  Excel* 
lency,  the  Lieutenant  Governor  of  New  Brunswick,  to  induce  him  to  set  at 
liberty  the  persons  arrested,  on  their  engagement  to  make  no  change  in  the 


tic 


was 

tatc 

in- 


, 


7  [3] 

state  of  things  until  the  butiinGss  shall  be  finally  decided  between  the  two 
Governments.  On  our  part,  the  desire  of  the  General  Government  to  avoid 
any  measures  tending  to  a  change  in  the  existing  state  of  things,  on  our 
northeast  boundary,  has  been  fully,  and,  as  it  is  believed,  efficaciously  ex- 
pressed to  the  Executive  of  the  State  of  Maine,  so  that  the  actual  relation  ot 
the  State  with  the  neighboring  province,  will  not  in  future  suffer  any 
change. 

I  have  great  pleasure,  sir,  in  renewing,  on  this  occasion,  the  assurance  of 
my  high  consideration. 

EDW.  LIVINGSTON. 

Gharlcs  Bankhead,  '»    *  ' 

Charged*t/lff aires  qf  his  Britannic  Majesty. 


Depabtment  of  State, 

fVashington,  November  28f\8'i\. 

The  undersigned,  Secretary  of  State,  &c.  has  the  honor  to  acknowledge 
the  receipt  of  a  note  from  Mr.  Bankhead,  his  Britannic  Majesty's  Charge 
d'Affaires,  of  the  25th  instant,  accompanied  by  the  copy  of  a  letter  from 
Sir  A.  Campbell,  the  Lieut.  Governor  of  the  province  of  New  Brunswick; 
by  both  of  which  the  Secretary  of  State  is  informed,  that  the  citizens  of  the 
United  States  lately  under  prosecution  at  Fredcricton,  for  acts  done  in  the 
territory  now  possessed  by  Great  Britain,  within  the  country  claimed  both 
by  that  power  and  the  United  StateS;  have  been  set  at  liberty,  in  accordance 
with  the  suggestions  made  in  the  former  correspondence  between  Mr.  B. 
and  the  Secretary  of  State.  Mr.  B's  note,  with  its  inclosure,  has  been  laid 
before  the  President,  who  has  instructed  the  undersigned  to  express  his 
satisfaction  at  the  prompt  manner  in  which  his  suggestions  have  been  com- 
plied with,  and  to  say  that  he  considers  it  as  a  proof  of  the  disposition  of 
his  Britannic  Majesty's  officers  to  preserve  the  harmony  that  so  happily 
i?ubsists  between  the  two  Governments. 

The  undersigned  renews  to  Mr.  B.  the  assurance  of  his  high  considera- 
tion. 

...  E.  LIVINGSTON. 

CiiAnLEs  Bankhead,  Esquire, 

Chargf  iTJ^ffaires  of  His  Britannic  Majesty,  ^ 


Mr.  Bankhead  to  Mr.  Livinsston. 


U.} 


^f'f 


The  undersigned,  his  Britannic  Majesty's  Charge  d'Affaires,  has  the 
honor  to  acquaint  Mr.  Livingston,  Secretary  of  State  of  the  United  States, 
that  he  has  received  a  communication  from  his  Majesty's  Lieutenant  Go- 
vernor of  New  Brunswick,  stating  that  the  authorities  of  Maine  have  en- 
deavored to  exercise  a  jurisdiction  over  part  of  the  territory  at  present  in 
dispute  between  his  Majesty  and  the  United  States;  and  further,  that  an  or- 
der has  been  issued  by  a  justice  of  the  peace  for  the  county  of  Penobscot, 
to  the  inhabitants  of  the  town  of  Madavvaska,  to  assemble  for  the  purpose 
of  ^boosing  municipal  officers. 

The  undersigned  regrets  sincerely  that  these  irregular  proceedings  should 
have  been  had  recourse  to  during  the  period  when  the  question  of  bounda- 


[3]  • 

rv  is  in  a  course  of  settlement,  and  in  opposition  to  the  dcsiro  expressed  by 
the  President,  that,  pending  the  discussion  of  tluit  question,  the  State  of 
Maine  should  refrain  from  committing  any  acts  which  could  be  construed 
into  a  violation  of  the  neighboring  territory. 

The  undersigned  begs  leave  to  submit  to  the  Secretary  of  State  several 
documents  which  he  has  received  from  Sir  Archibald  Campbell  in  support 
of  his  complaint  of  a  violation  of  territory;  and  the  undersigned  entertains  a 
confident  hope  that  such  measures  wlil  be  adopted  as  shall  prevent  a  recur- 
rence of  acts,  on  the  part  of  the  authorities  of  the  State  of  Maine,  which 
are  productive  of  so  much  inconvenience,  and  which  tend  to  disturb  the 
harmony  and  good  will  so  necessary  to  be  preserved  between  the  two 
countries. 

The  undersigned  has  the  honor  to  renew  to  Mr.  Livingston  the  assur- 
ances of  his  distinguished  consideration. 

CHARLES  BANKHEAD. 

Washington,  October  If  1831.         '" 


i 


Enclosures  with  Mr.  Bankhead's  note  to  Mr.  Livingston,  of  the  Uf 

October,  1831. 

NOTICE. 

By  a  warrant  lo  me  directedl)y  William  D.  Williamson,  Esq.  one  of  the 
justices  of  peace  for  the  county  of  Penobscot,  and  State  of  Maine,  this  is  to 
notify  and  warn  the  inhabitants  of  the  town  of  Madawaska,  qualified  to  votfi 
in  town  affairs,  to  assemble  at  (he  dwelling  hou5e  of  Mr.  Peter  Ligott,  on 
Saturday  the  20th  August,  1831,  at  one  of  the  clock  in  the  afternoon,  to 
act  on  the  following  articles,  viz: 

Ist.  To  choose  a  moderator; 

2d.  To  choose  a  clerk  of  the  said  town;  ' 

3d.  To  choose  select  men; 

4th.  To  choose  constables. 

By  order  of  the  said  justice: 

WALTER  POWERS.  ' 

Madawaska,  ,/iugitst  19,  1831.  , 

True  copy:        J.  A.  Maclauchlan, 

Warden  of  the  disputed  territory. 


,..>  :f. 


State  of  Maine.  -     .  l^ 

To  Walter  Powers,  of  Madawaska^  in  said  county ^  greeting: 

You  are  hereby  required,  in  the  name  of  the  State  of  Maine,  to  notify 
and  warn  the  inhabitants  of  said  Madawaska,  qualified  to  vote  in  town  afiairi, 
io  meet  at  Mr.  Peter  Ligott's  dwelling  house,  in  said  town,  on  Saturday, 
the  20th  day  of  August,  18S1,  then  and  there  to  act  on  the  following  articles, 
and  to  transact  such  other  business  as  may  come  before  them. 

1st  To  choose  a  moderator  to  govern  said  meeting; 

2d.  To  choose  a  town  clerk; 

3d.  To  choose  select  men; 

4th.  To  choose  constables,  and  all  other  town  officers. 

•   f       <« 


Il 


^\ 


Iral 
)rt 
If  a 
jur- 
lich 
Ithe 
two 

sur- 


C3] 


And  you  are  hereby  further  required,  in  the  name  of  the  Slate  of  Maine 
to  make  a  return  of  this  warrant,  with  your  doings  therein,  at  the  said  meet- 
ing, nt  which  you  vvill  preside,  until  a  moderator  be  chosen. 

Given  under  my  hand  and  seal,  at  Bangor,  in  said  county,  the  eleventh 
day  of  July,  one   housand  eight  hundred  and  thirty-one. 

WILLIAM  D.  WILLIAMSON,  [l.  a.] 

Justice  qf  the  Peace. 
Madnwaakn,  jQutfitsf  20,  183L 

True  copy:        J.  A.  Macj.auchlan.      .. 

The  olBcers  as  referred  to  in  the  above  instrument,  were  actually  chosen  in 
by  American  residents  in  the  upper  part  of  the  Madawaska  settlement,  and 
that  the  several  officers  were  sworn  in  to  perform  the  duties  required  of 
♦hem. 

J.  A.   MACLAUCHLAN. 


.  •  i    ;.  Mr.  Banlihead  to  Mr.  Livingston. 

Washinotom,  20/A  October,  1831. 

The  undersigned.Miis  Britannic  Majesty's  Charge  d'Aflairea,  has  the  honor 
to  acknowledge  the  receipt  of  Mr.  Livingston's  note  of  the  iOth  instant,  in 
answer  to  a  representation  which  the  undersigned  thought  it  his  duty  to 
make  to  the  Government  of  the  United  States,  upon  a  violation  committed 
upon  the  territory  at  present  in  dispute  bulwr<m  the  two  countries. 

The  friendly  tone  assumed  by  the  Secretary  of  State  in  this  communica- 
tion, the  discountenance  on  the  part  of  the  General  Government  of  the  pro- 
ceedings which  were  complained  of,.and  the  determination  of  the  President  to 
cause  the  strictest  forbearance  to  be  maintained  until  the  question  of  boundary 
shall  he  settled,  have  been  received  by  the  undersigned  with  great  satisfaction; 
and  it  is  in  the  same  spirit  of  harmony,  that  he  has  addressed  a  letter  to  his 
Majesty's  Lieutenant  Goyernor  of  New  Brunswick,  enclosing  a  copy  of  Mr. 
Livingston's  note  for  his  Excellency's  serious  consideration. 

rtie  undersigned  has  the  honor  to  renew  to  Mr.  Livingston  the  assurances 
of  his  distinguished  consideration. 

CHARLES  BANKHEAD. 


Mr.  Bankhead  to  Mr.  Livingston. 


Washington,  November  25,  1831. 


The  undersigned,  his  Britanic  Majesty's  Charge  d' Affairs,  has  the  honor 
to  refer  the  Secretary  of  State*  of  the  United  States  to  the  correspondence 
tvhich  took  place  in  the  month  of  October,  upon  the  subject  of  violations  which 
had  been  committed  upon  the  territory  at  present  in  dispute  between  Great 
Britain  and  the  United  States,  and  the^ measures  which  his  Majesty's  Lieu- 
tenant Governor  of  New  Brunswick  deemed  it  expedient  to  adopt  there* 


upon. 


2 


[3  ]  10 

The  ti'lal  of  these  persons  took  place  at  Fredericton,  and  they  wore  sen- 
tenced by  the  Supreme  Court  of  the  province  to  fine  and  imprisonment. 

At  the  time  the  undersigned  commuiMcaled  to  the  Government  ot  the 
United  States  the  decision  \vhich  the  authorities  of  New  Brunswick  had 
felt  it  necessary  to  adopt  upon  this  occasion,  he  expressed  the  deep  regret 
of  the  Governor  of  that  province,  that  the  conduct  of  these  individuals  was 
such  as  to  compel  his  Excellency  to  pursue  a  course  so  uncongenial  to  his  own 
feelings,  and  at  variance  with  the  harmony  which  subsists  between  the  Go- 
vernments of  Great  Britain  and  the  United  States. 

The  Secretary  of  State  upon  receiving  the  communication,  expressed  to 
the  undersigned  the  earnest  desire  of  the  President,  upon  a  total  disavowal 
on  the  part  of  the  General  Government,  of  the  proceedings  of  the  persons 
implicated  in  this  transaction,  that  his  Majesty's  Lieutenant  Governor  might 
consider  himself  authorised  to  exercise  a  prerogative  in  their  favor,  and  to 
remit  the  sentence  which  had  been  pronounced  against  them. 

No  time  was  lost  in  submitting  Mr.  Livingston's  note  to  the  consideration 
of  Sir  Archibald  Campbell,  and  the  undersigned  has  the  greatest  satisfaction 
in  acquainting  him  that  his  Excellency  fully  acquiesces  in  the  desire  mani- 
fested by  the  President  of  the  United  States.  The  undersigned  cannot  bet- 
ter fulfil  the  wishes  of  Sir  Archibald  Campbell,  which  are  so  much  in  accor- 
dance with  that  spirit  of  good  will  which  happily  subsists  between  the  two 
countries,  and  which  characterizes  their  relations  with  each  other,  than  by 
transmitting  to  the  Secretary  of  State  a  copy  of  the  despatch  which  he  yes- 
terday received  from  that  officer,  and  which  he  feels  assured  will  be  received 
by  the  President  as  an  earnest  of  his  uninterrupted  good  feeling  towards 
the  Government  and  people  of  the  United  States. 

The  undersigned  has  the  honor  to  renew  to  Mr.  Livingston  the  assurance 
of  his  highest  consideration. 

CHARLES  BANKHEAD. 


Sir  t^rchibald  Campbelly  Lieutenant  Governor  of  New  Brunstoickf  to 
Charles  BanJeheady  Esq,  Charg6  d\^ffaires  of  his  Britanic  Majesty  ^  at 
'   Washington. 

^  GovEHNMENT  House, 

Fredericton^  Nov.  8,  183L 

Sib:  I  had  this  morning  the  honor  to  receive  your  letter  of  the  20th  ult., 
which,  with  its  enclosures,  are  in  every  respect  so  satisfactory,  that  I  did 
not  lose  a  moment  in  giving  efiect  to  the  wishes  therein  expressed,  by  ex- 
ercising that  prerogative  so  congenial  my  own  feelings,  whether  viewed  in 
the  extension  of  mercy,  or  in  the  gratifying  anticipation  of  such  a  measure 
being  received  as  an  earnest  of  my  most  anxious  desire,  as  far  as  rests  with 
me,  (consistent  with  my  public  duties,)  to  preserve  inviolate  the  harmony 
and  good  understanding  so  happily  existing  between  the  two  Governments. 
The  prisoners  Barnabas  Hunnewell,  Jesse  Wheelock,  and  Daniel  Savage,  are 
released;  and  I  have  taken  it  upon  myself,  knowing  that  such  a  measure  will 
be  fully  sanctioned  by  my  Government,  to  remit  the  fines  imposed  by  the  Su- 
preme Court  of  this  province,  as  already  communicated  to  you  by  Lieuten- 
ant Colonel  Snodgrass;  an  act  that  I  trust  will  not  fail  in  being  duly  appre- 
iated,  when  it  is  known,  that  the  above  mentioned  individuals  did,  with 


u 


in 


le 

ad 

et 

•i 

laa 

f 

vn 

k 

rO- 

1 

to 

»» 

ival 

uns 

! 

ght 

? 

tllo 

1 

)  \ 


$everal  others,  follow  up  their  first  proceedings,  by  acts  of  much  more  seri- 
ous aggression,  for  which  they  stood  charged  under  another  (untried)  io- 
dictment.     However,  every  thing  connected  therewith  is  now  cancelled. 

You  will  see  with  what  readiness  and  satisfaction  1  have  received  and 
adopted. your  kind  advice,  for  which  accept  of  my  sincere  thanks,  and 

Believe  me  to  remain, 

Sir,  &c.  &c.  &c. 

ARCH'D  CAMPBELL, 
''•■-■•:        =  V,  ., ;  t. ,'!  ,,;■•  ■■;    < ;  Lt.  Oov. 

Imprisonment  of  Jimerican  citizens  in  the  province  of  New-Brunsr 

wicky  8fc.  .  . 

Samuel  E.  Smithy  Governor  of  Maine,  to  the  Secretary  of  State. 

^'  Executive  Department  of  Mai^s, 

Portland,  October  13,  1831. 

S[r:  I  have  the  honor  herewith  to  transmit  to  you  the  accompanying  de- 
positions of  John  Baker  and  Phinehas  R.  Harford,  referred  to  in  my  letter 
of  yesterday,  and,  also,  a  copy  of  a  letter  from  John  Harford,  atid  six  oth- 
ers, inhabitants  of  the  disputed  territory,  near  the  St.  John's  river. 

By  these  documents,  it  is  proved,  that  a  number  of  the  citizens  of  this 
State  assembled  at  a  place  southward  of  the  St.  John's  river,  and  on  the 
territory  claimed  and  known  to  be  within  the  limits  of  this  State,  and  pro- 
ceeded to  organize  themselves,  and  to  transact  other  business,  as  authorized 
by  the  laws  and  constitution  of  this  State. 

It  also  appears  that  Jesse  Wheelock,  Daniel  Savage,  Barnabus  Hunne- 
well,  Daniel  Bean,  and  a  number  of  others,  have  been  arrested  by  a  mili- 
tary force  accompanied  by  the  Lieut.  Governor,  and  other  authorities  of  the 
province  of  New-Brunswick,  have  been  transported  out  of  the  State,  and 
are  now,  probably,  imprisoned  in  the  gaol  of  Fredericton.  Others  of  the 
inhabitants  have  been  compelled  to  abandon  their  homes,  and  to  conceail 
themselves  in  the  woods,  to  escape  the  violence  of  their  invaders.  These 
persons,  as  citizens  of  this  State,  and  of  the  United  States,  now  claim  the 
aid  and  protection  of  the  Government  of  their  country. 

However  unexpected  and  regretted  by  me  are  these  transactions,  it  be- 
comes my  official  duty  to  make  known  the  facts  to  the  President  of  the 
United  States,  and  to  appeal  to  the  General  Government  of  the  Union  to 
adopt  the  necessary  measures  to  procure  the  release  of  our  citizens  from  im- 
prisonment, and  to  protect  our  State  from  foreign  invasion. 

I  have  full  confidence  tliat  every  measure  will  be  seasonably  adopted  by 
the  General  Government,  which  the  injuries  inflicted,  and  the  urgency  of 
the  occasion,  require.  I  shall  await  the  direction  of  the  President,  and,  ia 
the  mean  time,  it  will  be  my  endeavor  that  this  State  may  be  prepared  \xi 
exert  the  means  within  her  power  which  may  be  necessary  for  the  protection 
of  her  territory,  and  the  security  of  her  citizens. 

I  have  the  honor  to  be,  with  the  highest  respect  and  consideration,  your 
obedient  servant, 

SAMUEL  E.  SMITH, 
To  the  Honorable  Edward  Livingston, 

.  Secretary  of  State  of  the  United  States.    «  '    '   «*    -s  s 


CO 

I,  John  Baker,  of  lawful  age,  depose  and  say:  that  I  am  a  resident  on  the 
north  side  of  the  river  St  John,  about  twelve  miles  above  the  mouth  of  the 
Madawaska  river,  and  within  the  territory  incorporated  by  the  name  of  the 
town  of  Madawaska,  in  the  State  of  Maine;  that  1  was  present  at  a  meeting 
of  the  inhabitants  of  said  territory,  holden  in  the  latter  part  of  August  last 
past,   in  the  year  of  our  Lord  one  thousand  eight  hundred  and  thirty -one, 
at  the  dwelling  house  of  Peter  Lezart,  on  the  south  side  of  the  river  St. 
John  and  within  the  limits  of  said  territory.    Said  meeting  was  holden  pur- 
suant to  a  warrant  from  William  D.  Williamson,  Esq.,  one  of  the  justices 
of  the  peace  throughout  the  State,  directed  to  Walter  Powers,  one  of  the 
inhabitants  of  said  territory,  to  notify  said  inhabitants  to  meet  as  aforesaid, 
for  the  purpose  of  organizing  the  government  of  said  town,   by  the  choice 
of  a  moderator,  town  clerk,  and  selectmen:  said  inhabitants,  so  assembled, 
proceeded  to  the  choice  of  the  oflicers  mentioned.     After  said  Powers  had 
called  the  meeting  to  order,  one  Leonard  R.  Coombs,  a  captain  in  the  mi- 
litia at  Madawaska,  objected  and  protested  against  all   further  proceedings 
pf  the  meeting,  and  threatened  the  inhabitants  aforesaid  with  imprisonment 
if  tliey  voted  or  took  any  part   in  the  further  proceedings  contemplated  by 
the  warrint  calling  the  meeting.     One  Francis  Rice,  a  resident  at  Mada- 
waska, and  a  justice  of  the  peace  under  the  provincial  government  of  New 
Brunswick,  also  protested  against  the  meeting,  and  used  many  opprobrious 
and  threatening  terms  against  the  Government  and  the  authoriiies  of  the  Go- 
vernment of  the  State  of  Maine,  and  against  all  persons  who  were  taking 
part,   or  particip<iting  in  the  organization  of  the  town  aforesaid.      Mr. 
Fowers,  however,  eventually  succeeded  in  regf.inittg  order  in  the  meeting, 
and  the  inhabitants,  to  the  number  of  fifty  or  sixty,  who  were  present,  pro- 
ceeded to  the  choice  of  Barnabus  Hunnewell  as  moderator,  Jesse  Wheclock 
lor  town  clerk,  and  Daniel  Savaf^e,  John  Harford,  and  Amos   Maddocks, 
for  selectmen.     But,  because  of  the   threatening  language  and  terror  used 
by  Mr.  Coombs  and  &Ir.  Rice,  all  of  the  persons  present  aforesaid,  did  not 
vote  in  the  choice  of  the  before  mentioned  oflicers.     After  these  proceed- 
ings, tl»e  town  meeting  was  adjourned  without  day.     About  twelve  or  fif- 
teen persons  voted  in  said  meeting.     Another  town  meeting  was  holden  lor 
the  choice  of  representative,  on  the  second   Monday  of  September,  A.  D. 
.1831,  pursuant  to  the  provisions  of  the  constitution  of  the  S  ^tc  of  Maine. 
This  meeting  was  holden  at  the  I  ouse  of  Raphael  Martin,        said  town  of 
Madawaska,  on  the  south  side  of  the  river  St.  John.  Mr.  Rice,  the  same 
mentioned  above,  was  present,  and   opposed  the   procceding.s,  protesting 
against  the  right  of  the  inhabitants  to  hold  the  meeting,  and  again  used  me- 
nacing language  towards  them  for  participating  in  and  countenancing  it. 
But  the  Sf  lectmcn  called  him  to  onler,  and  was  allowed  eventually  to  pro- 
ceed to  the  business  of  the  meeting.     There  wcxe  about  eighty  inhabitants 
J  resent.     Peter  Lezart,  a  resident  on  the  soul  hern  aide  of  the  river  St. 
ohn,  was  elected  representative.    For  the  supposed  purpose  of  intimidating 
4he  voters,  Mr.  Rice  noted  in  writing  the  proceedings  and  the  names  of  all 
persoxis  who  voted. 

On  the  twenty  fifth  day  of  the  same  September,  A.  D,  1851,  it  being  on 
Sunday,,  I  received  information  at  my  house  that  a  military  force  was  col- 
lecting at  the  Madawaska  chapel,  on  the  north  side  of  the  river  St.  Jotin., 
And  at)oiiit  eighteen  miles  below  me.  On  the  same  day  orders  were  circu- 
lated among  the  inhabitants  on  the  south  side  of  the  river,  and  up  as  far  afi 
sny  house,  directing  the  inhabitants  to  assemble  that  same  day,  at  the  chapel 


li 


13 


[3] 


iiforesaid.     I  understood  that  one  Mlshud,  a  French  settler,  carried  these 
orders  and  made  them  known.     On  the  same  Sunday  afternoon,  information 
was  also  brought  mc,  that  tire  arms,  to  the  number  of  one  hundred  and  one, 
had  already  been  collected  at  the  dwelling  house  of  one  Simon  Hebert, 
which   is   between   my   house  and  the   chapel,   and  about  fifteen  miles 
below  my  house,  on  the  south  side  of  the  river  St.  John.    Said  Hebert  is  a 
captain  in  the  provincial  militia  of  New  Brunswick.     The  Governor  of 
New  Brunswick  was  also  said  to  be   present  at  said   Hebert's  house. 
Reports  brought  me  on  the  evening  of  the  same  day,  and  confirmed  on  the 
next  morning,    informed  me  that  the  armed  force   at     <ebert's  house  had 
made  prisoners  of,  and  were  then  detaining,  Mr.   Daniel    Savage,  and  Mr. 
Wheelock,  one  of  the  selectmen,  and  the  town  clerk  before  named,  on  ac- 
count of  their  participation  in  the  proceedings  of  the  town  meetings  already 
mentioned.     Each  of  these  persons  reside  on  the  south  side  of  the  river 
St.  John,  and  it  was  the   declared  determination  of  these  forces  to  take  as 
prisoners,  all   other  persons  who  voted  in   said  meetings.     About  twelve 
o'clock  at  noon,  on  Monday,    the  twenty-sixth  day  of  September,   afore- 
said, I  discovered  about  twenty  canoes  coming  up  the  St.  John,  apparently 
in  great  haste,  with  one  or  more  men  in  each.     These  landed  on  the  norti\ 
shore,  at  my  mills,  and  at  a  neighbor's  landing,  just  below  my  mills.    I  re- 
treated to  a   distance  and  watched  their  movements.     After  examining  my 
mills,  they  proceeded  to  my  dwelling-house,  where   they   posted  sentinels 
armed  with  muskets;  apart  proceeded  to  other  houses,  and   searched  them 
also;  and  thence  returned  to  my  house.      While  I  remained   in  the  woods, 
Mrs.  Baker,  my  wife,  came  to  me,  and  informed  me  that  Barnabus  Hun- 
ncvvell,  Daniel  Bean,  and  several  French  settlers  were  held  as  prisoners, 
by  the  soldiers  then  at  my  house;  that  Mr.  Miller,  the  high   sheriff  of  the 
province  of  New  Brunswick,  had  searched  the  house  throughout,  and  af- 
terwards directed   her  to  advise  me   to  surrender  myself  to   the  British 
authoritiefl;  and  that  if  1  would  go  to  Simon  Hebert's  house,  where  the  Gov- 
ernor and  Attorney  General  of  the  province  then  were,  and  give  bail  for 
my  appearance  at  the  court  in  Fredericton,   1  should  be   released:  that  it 
was  in  vain  for  me  to  think  of  keeping  out  of  the  way,  as  they  intended  to 
keep  up  a  garrison  through  the  territory,  and  force  me  into  a   compliance 
to  the  British  authorities. 

While  I  was  holding  this  conversation  with  my  wife,  on  Monday  after* 
noon,  I  discovered  a  horse  boat  coming  up  the  river,  with  about  fifty  arm- 
ed men  on  board.  These  landed  at  my  house,  and  I  was  informed  that  a 
detachment  of  them  were  to  proceed  up  the  river,  to  the  upper  settlements, 
for  the  purpose  of  arresting  all  other  persons  who  had  taken  part  in  the 
town  meeting  before  mentioned.  Upon  this  information,  I  set  off,  about 
sunset,  for  the  upper  settlements,  and  after  proceeding  through  the  woods 
a  distance  of  two  miles,  I  came  to  the  river  St.  John,  and  then  heard  the 
discharge  of  muskets  below,  and  supposed  the  soldiers  to  be  drilling.  I 
reached  the  upper  settlements  about  three  of  the  clock  on  Tuesday  morning, 
gave  notice  of  the  approaching  danger,  and  all  the  male  inhabitants  but  six, 
who  subsequently  fled,  retreated  into  the  woods  with  me.  In  the  after- 
noon of  that  day,  we  saw  the  armed  party  come  up  the  river:  on  finding 
ourselves  pursued  we  retreated  further  into  the  woods.  Tliis  party,  as  I 
was  informed  afterwards  by  the  females  who  romMincd  at  the  houses,  was 
divided  into  detachments,  which  severally  scoured  the  banks  of  the  river, 
on  both  the  north  and  south  side,  in  search  of  us.  ^     ,„^. 


[3  ] 


14 


On  Wednesday  morning  following,  we  came  back  to  one  of  the  houses, 
and  saw  the  armed  force  returning  down  the  river.     But  apprehending  that 
an  ambush  might  be  laid  for  us,  we  retreated  again   that  night  further  into 
the  woods,  and  on  Thursday  ventured  back  to  the  river.     We  th^n  met  one 
Mrs.  Bartlett,  whom  we  had  sent  from  the  upper  settlement  on  the  pre. 
ceding  Tuesday,  and  was  informed  by  her  that  she  had  been  at  my  house 
where  the  British  soldiers  were  on  Wednesday,  having  four  American  pri- 
soners and  some  French  settlers  ;  that  the  officers  of  the  armed  force  de- 
clared  their  determination  to  garrison  the  settlements,  and  take  us  prisoners 
whenever  we  should  make  our  appearance;  and   instructed  the  French  set- 
tiers  to  disregard  every  thing  done  by  American  ofiicers.    I  have  not   been 
at  my  house,  nor  with  my   family  since,  apprehending  that  I  should  be 
forthwith  imprisoned  if  taken  by  our  pursuers.     Under  this  state  of  affairs, 
I  proceeded  forthwith  on  Thursday,  on  my  way  to  Portland,  where  I  ar- 
rived this  twelfth  day  of  October,  A.   D.  1831.     The  inhabitants  generally 
are  under  very  great  and  continual  alarm,  within  the  town.     Many  of  them 
are  afraid  to  return  to  their  ordinary  labors.     The  harvesting  of  many    set- 
tlers is  interrupted,  and  left  unfinished  ^n  consequence  of  the   proceedings 
of  the  British  authorities;  and  several  families,  are  from  the  same  cause,  in  a 
very  distressed  condition. 

Further  deponent  saith  not.  JOHN  BAKER. 


State  op  Maink,         > 
Cumberiandf  ss. ) 


Portland,  Oct  18th,  1831. 


Then  personally  appeared   the  above  named  John  Baker,    and  made 
d$0lemn  oath,  that  the  above  deposition,  bv  him  signed,  is  true. 

Before  me,  FRANCIS  0.  J.  SMITH,  J.  P. 


J,  PhinehasB.  Harford,.of  lawful  age,  on  oath,  depose  and  say — that  I  am 
a  resident  of  the  town  of  Madawaska,  in  what  are  called  the  upper  settle- 
ments of  Madawaska.     I  was  present  at  each  of  the  town  meetings  described 
in  the  deposition  of  John  Baker,  and  know  and  testify  that  the  deposition  of 
said  Baker  concerning  said  meetings,  what  transpired  in  them,  and  the  con- 
duct of  Mr.  Coombs  and  of  Mr.  Rice  in  them^  is,  in  all  respects,  true.     I 
iurther  depose  and  say,  that  I  saw  the  landing  of  the  men  from  the  canoes, 
as  described  in  said  Baker's  deposition,  and  also  the  movements  of  said  men 
while  on  shore.     On  the  Monday  when  said  men  landed,  and  immediately 
after  they  landed,  I  went  up  the  river  St.  John  to  the  upper  settlements  be- 
fore mentioned;  on  the  Tuesday  morningfollowing,  about  three  of  the  clock, 
Mr.  John  Baker  arrived  at  the  upper  settlements,  as  testified  in  his  deposi- 
tion, and  I  retreated  with  him  into  the  woods,  and  continued  with  him  at  all 
times  since  then,  and  until  his  arrival  in  the  town  of  Portland ;  and  know  and 
testify  that  his  deposition  relative  to  our  doings  and  proceedings  from  the 
time  of  our  said  retreat,  and  also  concerning  the  condition  and  distress  of  the 
inhabitants  of  Madawaska,  to  be,  in  all  respects,  true. 

PHINEHAS  R.  HARFORD.    ' 
State  of  Maine,         "> 

Cumberland,  s*.  3  Portland,  Oct.  12, 1831. 

Then  personally  appeared  the  above  named  Phinehas  R.  Harford,  and 
made  solemn  oath,  that  the  above  deposition  by  him  subscribed  is  true. 
Before  me.  FRANCIS  0.  J.  SMITH,  J.  P. 


13  [3] 

To  his  Excellency  the  Governor  of  the  State  of  Maine: 

HoNORKD  Sir:  We  think  it  our  duty  to  make  known  to  you  the  late  oc- 
currences, and  the  difficult  situation  we  are  placed  in:  that  is,  the  Governor 
of  New  Brunswick,  the  high  sheriff,  and  their  attendants,  have  come  to 
Madawaska,  and  have  ordered  out  the  militia,  en  masSf  from  which  they 
have  selected  and  armed  about  seventy,  and  have  declaredUhat  it  is  their  in- 
tention to  take  every  man  prisoner  that  voted  at  the  town  meetine.  They 
have  taken  many,  and  among  the  prisoners  are  four  Americans.  They  pur- 
sued the  remainder  of  us  to  the  head  of  the  settlement,  into  the  woods,  and 
declare  they  intend  to  keep  garrison  at  Mr.  Baker's,  in  order  to  starve  us  to 
compliance.  We  have  now  slept  in  the  woods  three  nights,  without  fire  or 
covering,  and  by  stratagem  have  obtained  potatoes  from  the  fields  for  sub- 
sistence. For  further  particulars  we  shall  refer  you  to  Mr.  John  Baker  and 
Mr.  PhinehasR.  Harford,  who  are  the  bearers  of  this  express. 

JOHN  HARFORD, 
AMOS  MADDOCKS, 
■y  NATHANIEL  BARTLETT, 

WALTER  POWERS, 
JOSEPH  MILES, 
;,    ;  AUGUSTIN  WEBSTER, 

CHARLES  MTHERSON. 
September  29,  1831.  - 


>'*iLi- 


'* 


;'f 


''<'}-    '*i' 


I 


i 


Mr.  Smith  to  Air.  Livingston. 

Executive  Department  of  Maine, 

Portland^  Nov.  10,  1831.  "- 

Sir:  Since  I  had  the  honor  to  receive  your  letter  of  the  21st  October,  a 
meeting  of  the  Executive  Council  has  been  held,  and  measures  adopted  to 
prevent,  if  possible,  any  further  collision  between  our  citizens  and  the  <iu- 
thorities  of  New  Brunswick,  until  the  meeting  of  Congress,  when,  it  is  ex- 
pected, that  the  controversy  respecting  the  northeastern  boundary  will  be 
brought  to  a  close  •consistently  with  the  rights  and  dignity  of  the  United 
States,  and  of  this  State. 

Information  has  beeo  received,  that  Barnabas  Hunnewell,  Jesse  Wheelock, 
and  Daniel  Savage,  three  of  the  citizens  of  this  State  mentioned  in  my  last 
letter,  have  been  arraigned  before  the  Supreme  Court  of  New  Brunswick, 
and  sentenced  to  pay  a  fine  of  fifty  pounds,  and  to  be  imprisoned  for  three 
months,  and  are  now  in  jail  at  Fredericton,  in  execution  of  the  .sentence. 
These  persons  renew  their  call  for  the  aid  and  protection  of  their  Govern- 
ment, and  should  not  the  application  which  has  been  made  for  their  release 
prove  effectual,  it  becomes  my  duty,  in  behalf  of  this  State,  respectfully  to 
present  the  subject  again  to  the  consideration  of  the  President,  in  the  con- 
fidence that  every  proper  measure  will  be  adopted  to  procure  their  release 
from  an  imprisonment  to  which  they  are  subjected  by  a  foreign  power,  in 
violation  of  the  sovereignty  of  this  State. 

Application  has  been  made  in  behalf  of  our  citizens,  who  have  been  com- 
pelled to  leave  their  homes  at  Madawaska,  for  fear  of  being  arrested  by  the 
British  authorities,  to  know  if  they  could,  with  safety,  return  to  their  fami- 
lies.    The  Government  of  this  State  would  readily  afford  them  the  protec*- 


'.  !».> 


[93  16 

tion  necessary,  conceivinp;  it  to  be  their  duty,  provided  measures  for  that 
purpose,  would  be  in  accordance  with  the  views  of  the  Generul  Govern- 
ment. I  am  informed  that  warrants  have  been  issued  by  the  British  magis- 
trates, against  all  who  took  part  in  <he  town  meetings,  though  some  of  them 
live  beyond  ihe  limits,  to  which  the  actual  jurisdiction  of  the  British  ever 
extended.  Should  those  persons  return  to  their  homes,  and  more  of  our 
peaceable  and  defenceless  citizens  be  imprisoned  in  a  British  jail  for  obey- 
ing the  laws  and  conslilulion  of  the  Srate  which  claims  iheir  allegiance,  it 
would,  in  that  event,  I  apprehend,  be  impossible  longer  to  restrain  the  just 
indignation  of  their  fellow  citizens  throughout  this  State. 

In  your  last  letter,  I  am  informed  th  it  an  arrangement  was  made  with  the 
Minister  of  Great  Britain,  for  preserving  the  state  of  things  as  it  then  existed 
on  both  sides,  until  a  final  disposition  could  be  made  of  the  question,  and 
that  the  arrangement  was  communicated  to  me.  I  can  only  state,  in  reply, 
that  until  your  last  letter,  no  notice  of  such  an  arrangement  was  ever  received' 
by  me,  and  no  copy  of  it  can  be  found  among  the  archives  of  this  State. 
Though  allusion  is  mude  to  such  an  arrangement  in  the  correspondence  be- 
tween Mr.  Clay,  former  Secretary  of  State,  and  my  predecessor,  the  late 
Governor  Lincoln,  it  was  then  stated  to  have  been  violated  on  the  part  of 
the  British  authorities. 

It  is  hoped  that  it  will  not  be  considered  irrelevant  to  the  present  occa- 
sion, to  suggest  that  the  position  relied  upon  by  the  British  authorities,  that 
they  had,  at  the  time  of  the  convention  for  submitting  to  arbitration,  ornow 
have,  the  jurisdiction  and  possession  </<?  facto  of  the  disputed  territory,  is 
totally  denied  by  this  State,  with  the  exception  of  a  small  settlement  near 
the  mouth  of  the  Madawaska  river. 

In  order  to  show  the  limited  and  uncertain  nature  of  the  actual  possession 
of  the  provincial  Government  at  that  place,  and  the  manner  in  w^hich  they 
have  continued  to  multiply  and  extend  their  acts  of  jurisdiction  since  Mar's 
hill  was  first  claimed  as  the  boundary,  and  since  the  convention  for  submit- 
ting the  question  to  arbitration,  I  beg  leave  to  refer  to  the  accompanying 
copy  of  a  letter  of  John  G.  Deane.  an  agent  appointed  by  this  State  to  gain 
information  relating  to  this  territory. 

By  the  facts  there  stated^  it  appears  that  the  actual  possession  and  juris> 
diction  of  Massachusetts,  since  1792,  and  of  Maine  since  her  separation,  has 
been  greatly  more  extensive  and  continued,  than  that  of  the  provincial  Go- 
vernment. After  the  true  St.  Croix  and  its  sources  were  ascertained  in 
1798,  the  British  ceased  to  exercise  an}'  acts  of  jurisdiction  over  the  settle- 
ment at  Madawaska,  or  other  parts  of  the  territory,  since  disputed;  and  for 
twenty  years,  and  until  the  commencement  of  the  controversy  respecting 
the  boundaries,  their  jurisdiction  was  not  resumed.  But  since  that  time, 
and  subsequently  to  1827,  when  it  is  supposed  the  arrangement  before  al- 
hided  to  was  made,  the  British,  for  the  first  time,  appointed  magistrates  in 
this  territory,  who  acted  as  such^  granted  timber  licenses,  and  organized 
militia  companies,  issued  legal  process  against  American  citizens,  have  in- 
terfered with  the  settlers  on  the  Aroostook,  and  in  their  last  excursion,  pro- 
ceeded to  the  upper  settlements  to  arrest  the  people  there,  many  miles  above 
Madawaska,  and  further  than  they  had  before  extended  their  jurisdiction. 

The  facts  referred  to  arc  believed  sufficient  to  make  it  manifest  that  the 
arrangement  to  preserve  the  existing  state  of  things  has  been  often  violated 
on  the  part  of  the  British  authorities.  They  also  show  the  necessity  of  ex- 
ertion on  the  part  of  this  State,  to  resist  the  progress  of  these  continued  en- 
croachments, and  thus  to  prevent  their  being  afterwards  relied  upon  by  our 
opponents  as  evidence  of  a  claim  to  the  actual  ppssei^sion  of  the  territory, 


s. 


m  C9  3 

Though  it  would  seem  that  the  recent  conduct  of  the  Oo^^ernment  of  New 
Bru!i8wick,  on  this  side  of  the  line,  designated  by  the  King  of  the  Nether- 
lands, as,  in  his  opinion,  a  suitable  boundary,  was  a  practical  rejection  of  the 
award,  it  has  nevertheless,  been  ascertained  by  our  agents  who  have  been  at 
JMadawaska,  that  the  line  designated  by  the  umpire,  had  been  previously 
surveyed  by  the  British;  and  that,  in  September,  1830,  a  company  consisting 
of  several  English  gentlemen,  and  among  them  an  officer  in  the  naval  ser- 
vice, devoted  much  time  in  reconnoisances  on  the  line  running  north  from 
the  source  of  the  river  St.  Croix,  and  on  the  river  St.  John  to  the  mouth  of 
the  St.  Francis,  and  were  occupied  two  or  three  weeks  in  exploring  the  St 
Francis  alone. 

The  interest  which  Maine  feels  in  the  result  of  this  controversy,  arises 
not  more  from  the  value  of  the  territory  in  dispute,  than  from  a  desire  that 
her  rights,  as  guarantied  by  the  constitution  of  the  United  States,  micht  be 
preserved  inviolate.  A  great  portion  of  the  territory  northward  and  east- 
ward of  the  rivers  St.  John  and  St  Francis,  is  extremely  well  watered,  has 
a  fertile  soil,  and  is  covered  with  valuable  timber.  It  is  still  more  important 
when  considered  as  a  military  frontier.  Numbers  of  our  enterprising  citi- 
zens have  settled  upon  it,  and  if  the  present  controversy  were  favorably  set- 
tled, it  would  soon  become  a  flourishing  and  populous  part  of  the  State. 

It  is  from  a  sense  of  duty  as  the  official  agent  of  the  State,  that  I  am  in- 
duced, at  this  time,  to  refer  to  subjects  which  have  so  often  been  presented 
to  the  consideration  of  the  General  Government  But  I  trust  this  State  has 
never  departed  from  the  deep  respect  and  constitutional  deference  which  are 
always  due  from  each  member  of  this  confederation,  to  the  paternal  authori- 
ty of  the  Government  of  the  United  States.  During  the  whole  progress  of 
this  negotiation,  Maine  has  continued  respectfully  but  decidedly  to  remon- 
strate against  proceedings  directly  involving  her  rights  and  interests  as  a 
State,  and  to  which  her  assent  was  never  requested.  She  contends  that  the 
United  States  have  not  the  power  by  the  Federal  Constitution,  to  alienate, 
by  negotiation  or  otherwise,  any  portion  of  the  territory  of  a  State,  without 
the  consent  of  such  State.  She  opposed  the  submission  of  the  question  to 
arbitration;  she  has  communicated  to  the  President  her  conviction  that.the 
award  of  the  arbitrator  was  not  binding  upon  this  State  or  upon  the  United 
States,  and  has  protested  against  its  acceptance;  she  has  exerted  all  tho 
means  in  her  power  for  the  preservation  of  her  rights  and  territory;  and  if, 
after  all,  the  wisdom  of  Congress  shall  decide  that  the  interests  of  the  natioii 
require  the  extraordinary  opinion  and  advice  of  the  King  of  the  Netherlands 
to  be  carried  into  effect,  from  necessity  alone,  will  the  people  of  this  Stale 
be  compelled  to  submit. 

With  the  highest  respect, 

I  have  the  honor  to  be,  &c.  &c., 

SAMUEL  E.  SMITH. 


Mr.  Deane  to  Mr.  Smith. 

Ellswobtb,  Nov.  S,  1831. 

Sm:  The  situation  in  which  I  have  been  placed,  has  caused  me  to  becotae 
acquainted  with  the  history  of  the  northern  parts  of  this  State,  including  the 
Madawaska  settlement 


"«S' 


[3  3 


IS 


\l 


In  1 788,  Pierre  Lezotte,  a  boy  of  fourteen  years  of  age,  strayed  from  his 
home  in  Canada,  and  found  his  way  to  the  Indian  settlement  at  the  mouth 
of  Madawaska  river,  where  he  continued  during  the  coming  winter.  On 
his  return  to  his  friends,  his  representations  were  such  as  induced  his  half 
brother,  Pierre  Duperre  to  accompany  him  to  the  same  place  for  the  purpose 
of  trade  with  the  Indians.  The  year  following,  they  commenced  their 
business  on  the  south  side  of  the  St  John,  from  two  or  three  miles  below 
the  mouth  of  Madawaska  river.  They  were  the  first  persons  who  com- 
menced their  residence  at  Madawaska.  Two  or  three  years  afterwards,  say 
in  178G,  the  Acadian  or  neutral  French,  whose  ancestors  had  been  settled  at 
the  head  of  the  Bay  ol  Fuiidy,  or  in  the  country  which  is  now  called  Nova 
Scotia,  and  had  been  driven  from  thence,  and  had  established  themselves  at 
St.  Anns  (now  Frcdericton,)  and  in  that  neighborhood,  being  disturbed  by 
the  introduction  of  the  refugees,  and  the  acts  of  the  Government  of  New 
Brunswick,  which  dispossessed  them  of  their  farms,  fled  up  the  St.  John  in 
search  of  places  of  residence  out  of  the  reach  of  British  laws  and  oppres- 
sion. Twenty  or  more  families  removed  and  settled  themselves  on  the  St. 
John,  below  the  trading  establishment  which  Pierre  Duperre  had  made  a 
few  years  before.  Here  they  continued  in  the  unmolested  enjoyment  of 
their  property  for  some  years. 

Pierre  Duperre,  being  a  man  of  some  learning,  had  great  influence  with  his 
neighbors;  and  the  British  authorities  of  the  province  of  New  Brunswick 
seeing  hisconsequence  in  the  settlement,  began  early  to  caress  and  flatter  him; 
and  sometime  in  the  year  1790,  induced  him  to  receive  from  them  a  grant 
of  the  land  he  possessed.  Influenced  as  well  by  Pierre  Duperre,  as  with 
the  hope  of  not  being  again  disturbed  and  driven  from  their  possessions,  a» 
they  and  their  ancestors  more  than  once  had  been  by  the  British,  this  large 
body  of  Frenchmen  were  all  induced  to  receive  grants  from  New  Bruns- 
wick, of  the  land  they  possessed,  for  which  some  paid  ten  shillings,  and 
others  nothing. 

About  this  period,  1790,  another  body  of  the  descendants  of  the  Acadian 
or  neutral  French,  who  had  sought  a  refuge  on  the  Kenebeckesis  river,  were 
there  disturbed  in  their  possession  by  the  refugees  and  the  acts  of  the  Go- 
vernment of  New  Brunswick.  They  also  quit  their  possessions,  and,  in  like 
manner,  sought  a  refuge  from  oppression  with  their  countrymen  at  Mada- 
waska. After  having  resided  at  Madawaska  some  years,  they  were  induc- 
ed, as  their  countrymen  had  been  to  receive  grants  of  the  land  they  had 
taken  into  possession,  from  the  Government  of  New  Brunswick 

Single  families  afterwards  added  themselves  to  the  settlement.  A  few 
families  established  themselves  in  1807,  a  few  miles  above  the  mouth  of 
Madawaska  river.  They  ail  lived  in  mutual  good  fellowship^  recognizing 
and  practising  the  duties  of  morality  and  religion,  and  governed  solely  by 
the  laws  of  honor  and  common  sense.  They  continued  to  live  in  this  man- 
ner to  as  late  a  period  as  1818;  and  the  British  had  made  no  grant  higher 
up  the  St.  John  than  Pierre  Duperre's,  and  had  extended  no  other  acts  of 
jurisdiction  than  those  abovementioned,  unless  the  transportation  of  the 
mail  through  to  Canada,  and  the  granting  a  commission  lo  Pierre  Duperre 
in  1798  as  a  captain  of  militia,  there  being  no  military  organization  until 
twenty-eight  years  afterwards,  may  he  called  acts  of  jurisdiction.  In  1798, 
the  river  St.  Croix  was  determined,  and  its  source  ascertained,  under  the 
treaty  called  Jay's  treaty.  At  this  period,  terminates  all  acts  and  pretences 
of  acts  of  jurisdiction  in  the  Madawaska  settlement  by  the  British;  and  for  a 
period  of  twenty  years,  and  until  it  was  discovered  by  them  that  Mar's  hill 


16 


C3] 


wai  the  northwest  angle  of  Nova  Scotia,  there  is  not  an  attempt  to  exercise 
jurisdiction.  The  course  of  circumstances  now  became  such  as  to  excite  the 
spirit  of  encroachment,  and  they  issued  legal  processes  against  two  citizens 
of  the  United  Slates,  who  Iiad  settled  in  the  wildcrnrss  many  miles  beyond 
where  the  British  had  ever  exercised  any  acts  of  jurisdiction  before,  but 
these  were  not  prosecuted. 

In  1824,  Sir  Howard  Douglass  arrived,  and  took  upon  himself  the  Govern- 
ment of  New  Brunswick,  as  its  Lieut.  Governor.  In  December  of  that 
year  he  appointed  four  military  captains,  and  a  competent  number  of  subal- 
terns at  Madawaska,  but  the  persons  appointed  did  not  accept  their  com- 
missions until  July  1826,  subsequently  to  which  time  the  militia  were  fully 
organized.  Licenses  to  cut  timber  were  also  granted  by  New  Brunswick. 
In  May,  1825,  Gov.  Douglass  granted  a  tract  of  land  to  Simon  Hebert  at  the 
mouth  of  Madawaska  river.  In  May,  1826,  he  made  anr>ther  grant  to 
Francis  Violcttc  of  a  tract  at  the  mouth  of  Grand  river.  He  also  appointed 
and  commissioned  many  other  military  officers. 

In  1827,  several  processes  were  issued  against  citizens  of  the  United 
States,  only  one  of  which,  th.nt  against  John  Baker,  was  ever  prosecuted; 
but   many  of  onr  citizens  were  driven  away  by  them. 

In  18-^9  or  1830,  for  the  first  time,  a  civil  magistrate  was  appointed  in 
the  Madawaska  settlement,  and  commenced  acting  as  such.  In  1830  or 
1831,  for  the  first  time,  they  granted  tavern  licenses,  and  prosecuted  such 
as  sold  without  license.  In  a  word,  from  the  period  Governor  Douglass  en- 
tered upon  the  duties  of  his  office,  they  have   been  continually  extending 


and  multiplying  their  acts  of  jurisdiction. 
The  French  ml   ' 


ihabitants  say  they  are  satisfied  that  the  Madawaska  settle- 
ment is  within  the  limits  ofthe  United  Stales,  and  that  they  should  like  to  live 
under  their  laws,  but  the  British  come  and  enforce  their  laws  upon  them:  they 
are  not  able  to  resist,  and  have  been  obliged  to  submit  to  their  jurisdiction. 
In  1820  or  1821,  three  or  four  persons  went  up  and  established  them- 
selves on  the  banks  of  the   Aroostook.   Several  from  the  province  of  New 
Brunswick  and  the  State  of  Maine,  in  the  following  years,  joined  them. 
After  the  commencement  of  Sir  Howard  Douglass's  administration,  licenses 
were  granted  to  cut  timber  in  this  region  also,  and  civil  processes  were 
served  upon  the  inhabitants.     On  this  river  they  had  not,  prior  to  hi.s  ad- 
ministration, exercised  any  act  of  jurisdiction  whatever;  that  region  adjoin- 
ing the  line  having,  in  fact,  been  surveyed  and  granted  by  Massachusetts, 
seventeen  years  before,  to  the  town  of  Plymouth  and  General  Eaton.     In 
1792,  the  Government  of  Massachusetts  contracted  to  sell  a  tract  of  land 
between  the  waters  of  the  Schoodic  and  Penobscot,  extending  back  to  the 
highlands  of  the  treaty.  This  tract  was  surveyed  under  the  orders  of  the  Go- 
vernment, the  surveyor  running  and  marking  his  lines  to  highlands  north  of 
the  St.  John,  supposed  at  that  time  to  be  those  described  in  the  treaty  of  1 783. 
In  1801,  she  granted  the  township  of  Mar's  hill  to  the  soldiers  of  the  re- 
volution.    In  1806,  she  granted  the  township  adjoining  Mar's  hill  to  Deer- 
field  and  Westfield  academies.     In  1807,  she  granted  a  township  of  land  to 
the  town  of  Plymouth,,  lying  on  both  sides  of  the  Aroostook,  and  bounded 
cast  by  the  line  due  north  from  the  source  of  the  St.  Croix  river  to  the 
highlands.     In  1808,  she  conveyed  ten  thousand  acres  to  General  Eaton^ 
bounded  east  by  the  last  aforesaid  grant.     All  the  aforesaid  grants  were 
made  pursuant  to  actual     urveys,  which  had  been  previously  made  under 
her  authority,   in  1808,  v  r  before  the  line  due  north  from  the  source  of 
the  St.  Croix  was  run,  under  the  authority  of  Massachusetts,  as  far  as  the 


C  3  3  .20 

river  St  John.  In  1820,  an  examination  and  reconnoissanee  was  made  of 
the  whole  country  on  the  Alligash  river,  and  on  the  "^l.  John,  ironi  the 
mouth  of  the  Alligaith  to  the  place  where  the  line  due  north  from  the  aonrce 
of  the  St.  Croix  intersecta  it,  under  the  authority  of  Maine.  The  same 
year  the  census  was  taken  under  the  laws  and  authority  of  the  United  States. 

In  1884,  the  land  agent  of  Maine  seized  the  timber  land  which  had  been 
cut  by  trespassers  on  the  Aroostook.  In  1825,  the  land  agentu  of  Maine 
and  Massachusetts  conveyed  two  lots,  one  to  John  Baker,  and  the  other  to 
James  Bacon,  lying  on  the  St  John,  about  twelve  miles  above  the  Mada- 
waska.  In  1825,  the  surveyors  of  Maine  and  Massachusetts  completed  the 
survey  of  two  ranges  of  townships,  extending  north  from  the  Monument, 
at  the  source  of  the  ri\'er  St.  Croix,  to  within  less  than  half  a  mile  of  the 
river  St  John;  and  the  States  divided,  according  to  the  act  of  separation 
of  Maine  from  Massachusetts,  the  townships  in  those  ranges  which  had  not 
been  previously  granted. 

In  1828,  Maine  and  Massachusetts  surveyed  and  divided  five  additional 
ranges  of  townships,  lying  west  of  the  two  ranges  aforesaid,  and  extending 
nearly  to  the  St.  John,  and  there  never  has  been  a  moment  during  which, 
Massachusetts  prior  to  1820,  and  Maine  since  that  period,  have  ceased  to 
assert  their  jurisdiction  over  the  whole  country. 
I  have  the  honor  to  be,  &c.  &c. 

JOHN  G.  DEANE. 

Samuel  E.  SuiTa,  Esq., 

Governor  of  Maine. 


Executive  Department  of  Maine, 

Portland,  October  I2M,  1831. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
5th  instant,  transmitting  a  copy  of  a  note  received  from  the  Charge  d'Af* 
faires  of  his  Britannic  Majesty.    • 

In  compliance  with  the  request  to  be  furnished  with  such  information  on 
the  subject  referred  to  in  your  letter,  as  may  be  in  my  possession,  I  have 
the  honor  herewith  to  transmit  a  copy  of  a  resolve  of  the  Legislature  of  this 
State,  in  relation  to  the  persons  settled  on  the  public  lands  without  title,  in 
virtue  of  which,  two  gentlemen,  Messrs.  John  Deane  and  Edward  Kava- 
nagh,  were  appointed,  and  the  extent  of  their  authority  was  to  obtain  the 
information  specified  in  the  resolve.  I  am  advised  by  their  letter  of  the 
26th  of  August  last,  a  copy  of  which  is  herewith  transmitted,  that  they  have 
peaceably  executed  the  duties  of  their  appointment,  but  a  full  report  of  their 
proceedings  has  not  been  received.  This  is  the  onlv  measure  adopted  by 
this  department  that  is  known  to  have  any  relation  to  the  disputed  territory. 

I  also  transmit  copies  of  two  letters  directed  to  me  by  the  Lieutenant  Go- 
vernor of  New  Brunswick,  together  with  my  answers  to  the  same. 

An  act  was  passed  the  legislature  of  this  State,  ut  their  last  session,  to  in- 
corporate the  town  of  Madawaska,  which  is  bounded  in  part  by  the  line  of 
the  State.  By  this  act,  and  by  some  others,  I  considered  that  it  was  intend- 
ed by  the  Legislature  to  assert  the  claim  of  this  State  to  jurisdiction  over 
that  portion  of  territory  which  they  knew  to  be  within  the  limits  of  Maine, 
and  that  it  was  not  to  be  carried  into  effect  until  circumstances  should  ren< 
der  it  proper  and  expedient  The  measure  that  is  said  to  have  been  adopt- 
ed by  the  inhabitants  of  that  territory,  of  voluntarily  organizing  themselves 
into  a  corporation,  was  unexpected  by  me,  and  done  without  my  knowledge. 


[3] 

The  only  information  received  at  this  department,  in  relation  to  this  last 
mentioned  transaction,  is  contained  in  a  letter  purporting  to  bo  signed  by 
Jesse  Wheelock  and  Daniel  Savage,  who  are  personally  unknown  to  me; 
but  as  their  statement  is  also  corroborated  by  a  letter  from  a  gentleman  at 
Houlton,  it  is  believed  to  be  substantially  correct 

A  ropy  of  this  letter  from  Messrs.  Wheelock  and  Savage  is  herewith 
transmitted,  by  which  it  further  appears  that  (hey,  together  with  several 
other  citizens  of  this  State,  have  been  arrested  by  the  British  authorities, 
and  transported  towards  Fredericton,  for  the  purpose  of  being  there  im- 
prisoned. They  were  arrested  within  the  territory  of  this  State,  and  of  the 
United  States,  and  as  citizens  of  the  United  States,  now  claim  the  aid  and 
protection  of  Iheir  government  and  country. 

After  the  measures  heretofore  adopted  by  Maine,  for  the  purpose  of  com- 
municating to  the  General  Government  a  knowledge  of  the  views  and  senti- 
ments of  the  people  of  this  State  upon  the  question  of  our  northeastern 
boundary,  it  is  unnecessary  for  me  to  add  any  further  suggestions  as  to  the 
public  fueling  which  exists  in  relation  this  subject.  But  in  conformity  vvith 
the  recommendation  and  desire  of  the  President,  as  heretofore  as  well  as  at 
present  expressed,  it  has  been  and  will  continue  to  be  my  earnest  endeavor 
to  prevent  the  occurrence  of  any  event  that  may  embarrass  the  pending  ne- 
gotiaton,  or  give  any  occasion  for  collision  with  the  British  authorities. 

1'he  facts  and  information  that  are  within  my  possession,  I  have  endeav- 
ored to  communicate,  and  have  full  confidence  that  such  measures  will  be 
adopted  by  the  Government  of  the  United  States,  as  the  urgency  of  the  oc- 
cation,  the  protection  of  our  citizens,  and  the  rights  and  honor  of  this  State 
and  the  United  States,  seem  imperiously  to  require. 
With  high  respect  and  consideration, 

I  am,  sir,  your  obedient  servant, 

SAMUEL  E.  SMITH. 

Hon.  Edward  Livingston, 

Secretary  cf  State  of  the  United  States. 


State  of  Maine. 

Resolve  in  relation  to  persons  settled  on  the  public  lands  without  title. 

Resolved,  That  the  Governor,  with  the  advice  of  council,  be,  and  hereby 
is,  requested  to  appoint  some  suitable  person  or  persons,  to  ascertain  the 
number  of  persons  settled  on  the  public  lands  north  of  the  line  runnujg 
west  from  the  monument,  the  manner  in  which  they  respectively  hold  the 
same,  and  to  report  all  the  facts  which  will  be  for  the  interest  of  the  Stale,  to 
enable  them  to  adopt  some  mode  of  quieting  the  settlers  in  their  possessions. 

Resolved,  That  the  land  agent  be,  and  hereby  is,  requested  to  give  spe- 
cific  instructions  to  the  person  or  persons  appointed,  as  aforesaid,  for  their 
rule  and  government,  in  fulfilling  the  requirements  of  this  resolve. 

In  the  House  of  Representatives,  March  30,  }83l.— Read,  and  passed. 

BENJAMIN  WHITE,  Speaker. 

In  Senate,  March  31,  1831.— Read,  and  passed. 

ROBERT  P.  DUNLAP,  President. 

March  31,  1831.— Approved.  SAMUEL  E.  SMITH. 

'  ^^'"*^^!*^*    Attest.  R.  G    0^1£;E.^,  Secretary  of  State. 


[3] 


522 


Uanuor,  S6M  Jittgustt  i83l. 


Sir:  We  liavo  tlic  pleasure  of  announcing  tn  you  that  wo  have  attended 
to  the  duties  assigned  us  under  tho  resolve  oi  the  31st  of  March  last.  Wc 
met  at  Hangor,  and  went  by  the  way  of  Mooschcad  lake,  the  Penobscot, 
the  Chcsuncook  lake,  the  Umbazookskus,  and  the  Allaguush  rivers,  to  the 
river  St.  John.  Wo  descended  the  St.  John,  and  visited  the  persons  settled 
on  the  public  lands.  Three  men  only  refused  to  answer  the  questions  neces- 
sary to  ascertain  the  extent  and  nature  of  their  posaessioiii*;  all  others  to 
whom  wc  applied,  answered  us  readily.  Thoae  who  refused,  were  Simon 
Ilebcrtand  his  sons  Simonct  and  Joseph;  these  men  hove  probably  been  fa- 
vored by  the  British  authorities,  and  thtiir  feelings  and  sympathies  may  be 
with  them. 

After  wc  had  progressed  nearly  to  the  line  of  the  State  on  the  river  St. 
John,  a  gentleman  met  us,  who  said  he  had  travelled  express  from  Frederic- 
ton,  charged  with  instructions  from  the  executive  of  New  Hrtmswick  in  re- 
gard to  us,  and  he  demanded  of  us  to  show  him  our  commission  or  authori- 
ty. Wc  inquired  his  authority  to  mako  the  demand,  and  he  replied  that  his 
name  was  James  A.  Maclauchlan,  and  that  hn  was  warden  of  the  disputed 
territory.  We  answered  that  we  knew  no  such  person  or  olTice,  and  request- 
ed of  him  to  show  us  his  authority.  Much  conversation  ensued,  and  we 
told  him  very  frankly  what  we  had  done  and  intended  to  do.  lie  observed 
he  protested  against  our  proceeding,  and  asked  us  if  wc  intended  to  proceed? 
our  reply  was  that  we  did.  He  said  it  would  then  be  his  duty  to  continue 
with  us  until  we  left  the  territory;  and  he  did  continue  with  us  a  part  of  the 
time,  until  the  third  day,  when  he  left  us  and  returned.  He  did  not  other- 
wise interfere  with,  or  interrupt  us  in  our  course.  His  conduct  was  polite, 
And  his  being  with  us,  and  his  general  manner,  had  effect,  as  we  believe,  in 
relieving  the  people  from  their  doubts  in  relation  to  their  future  condition. 

From  the  Madawaska  settlement,  we  went  up  Fish  river,  and  carried  into 
the  Aroostook  waters,  and  visited  the  settlers  on  that  river.  We  then  de- 
scended the  Aroostook  and  St.  John,  and  went  to  Houlton,  whence  we  came 
to  this  place. 

We  have  time  now  only  to  advise  you  of  our  general  course  of  proceed- 
ing, and  must  close  with  observing  that  we  have  succeeded  according  to  our 
most  sanguine  expectations. 

We  shall  forward  our  report  as  soon  as  we  can  make  it  up,  which  we 
hope  will  be  before  the  next  meeting  of  the  council. 

We  have  the  honor  to  be,  sir. 

Your  very  kumble  servants, 

JOHN  G.  DEANE, 
EDWARD  KAVANAGH. 

Sauuel  E.  Smith, 

Governor  of  Maine. 


St.  Johns,  New  Brunsvvice,  September  4,  1831. 

Sir:  I  avail  myself  of  the  very  earliest  opportunity  of  acquainting  your 
Excellency  with  my  arrival  here  yesterday,  for  the  purpose  of  assuming 
the  government  of  this,  your  neighboring  province,  in  virtue  of  a  commis' 
sion  from  his  Britannic  Majesty  to  that  effect. 


23  [33 

In  entering  on  Iho  performance  of  the  important  duties  committed  to  my 
cliarge,  I  should  do  itijudticc  to  my  feelings,  were  I  to  omit  conveying  to 
your  Excclloncy  the  assurance  that  it  will  ever  be  my  most  earnest  object 
and  desire  to  slrcnglhcii  and  cement,  by  every  means  within  my  power, 
the  friendship  and  cordiality  which  so  happily  exists  between  our  rc« 
spcctivo  Uovernmcnt.^. 

With  sentiments  of  the  utmost  respect  and  conHidorationf 
I  have  the  honor  to  bo,  sir. 

Your  Excellency's  most  obedient  humble  servant, 

ARCHIBALD  CAMPBELL, 
Major  Oeneral. 
Jlis  Excellency  the  OovenNOR 

q/'  the  State  qf  Maine. 


Executive  Department  of  Maink, 

Portland,  September  29,  1831. 

Sir:  I  am  happy  to  have  the  honor  to  acknowledge  the  receipt  of  the 
letter  of  your  Excellency,  of  the  4th  instant,  communicating  the  informa- 
tion  of  your  arrival  in  New  Brunswick,  fur  the  purpose  of  assuming  the 
government  of  that  province,  in  virtue  of  a  commission  from  his  Bitannio 
Majesty  to  that  effect. 

fcver  feeling  interested  in  the  welfare  of  our  friendly  neighbors  of  New 
Brunswick,  the  people  of  this  State  cannot  but  be  gratified  with  the  infor> 
mation  of  an  appointment  so  calculated  to  contribute  to  the  happiness  and 
prosperity  of  that  province. 

In  behalf  of  the  State  of  Maine,  whose  agent  I  am,  I  sincerely  recipro- 
cate the  sentiments  of  your  Excellency,  and,  in  the  discharge  of  my  oflicial 
duties,  it  will  ever  be  my  anxious  endeavor  to  prevent  the  occurrence  of 
any  event  that  can  give  cause  for  the  interruption  of  the  friendship  and  good 
understanding,  which  I  hope  and  trust  will  long  continue  to  exist  between 
our  respective  Governments  and  nations. 

I  avail  myself  of  this  occasion  to  tender  to  your  Excellency  the  assur- 
ance of  my  high  respect  and  consideration. 

SAMUEL  E.  SMITH. 
To  his  Excellency  Sir  Archibald  Campbell, 

Major  Geaeralf  ^'C.  4^.,  Lt.  Gov.  qfthe  Province  of  New  Brunswick. 


Fredsrictoi^,  New  Brunswick, 

September  13,  1831. 

Sir:  I  have  just  learnt,  with  equal  surprise  and  regret,  that  some  people 
from  the  State  over  which  your  Excellency  presides,  have  crossed  the  boun- 
dary line  actually  existing  between  the  two  countries,  and  taken  possession 
of  a  part  of  the  territory  still  in  dispute  between  our  respective  Govern- 
ments. 

I  cannot  believe  that  measures  of  so  fatal  a  tendency,  and  likely  to  prove 
so  ruinous  iu  their  consequences  to  the  true  interests  of  both  countries,  can 


[3  ]  24 

have  been  undertaken  under  your  Excellency's  sanction  or  authority;  and 
I  confidently  therefore  rely  upon  your  immediately  recalling  the  aggressors, 
and  subjecting  their  conduct  to  such  judicial  inquiry  as  is  demande<l  by  so 
serious  an  offence,  as  that  of  creating  agita'ion  and  alarm  among  the  peace- 
ful inhabitai.ts  of  a  neighboring  and  friendly  country,  and  endeavoring  to 
embroil  the  two  Governments  in  a  most  serious  dispute. 

Your  Excellency  is  well  aware  of  the  undoubted  right  vested  in  me  by 
the  law  of  nations,  to  seize  the  persons  of  the  offenders,  and  deal  with  them 
accf  rding  to  the  laws  of  this  province;  and  you  will,  I  feel  convinced,  con- 
sider my  forbearance  in  refraining  from  doing  so,  only  as  a  proof  of  my 
anxious  desire  to  cultivate  the  friendly  relations  now  existing  between  our 
respective  Governments. 

It  is  perhaps  unnecessary  to  remind  your  Excellency,  in  conclusion,  that 
until  this  unfortunate  boundary  question  is  definitively  settled,  it  is  my  im- 
perative duty  to  maintain  inviolate,  the  existing  boundaries  of  the  province 
committed  to  my  charge. 

I  have  the  honor  to  be,  sir,  your  Excellency's  most  obedient  humblo 

'  ,  ARCHIBALD  CAMPBELL, 

Lieut.  Governor. 
His  Excellency, 

the  Governor  of  the  State  of  Maine.  *■ 


\f 


'-ie.. 


ExBcnrivE  Department  of  Maine, 

Portland,  October  lOM,  1831. 


Sir:  I  have  had  the  honor  to  receive  the  letter  which  your  Excellency 
directed  to  me  on  the  13th  of  September  last,  by  which  I  am  informed  that 
some  people  from  this  State  have  crossed  the  boundary  line  actually  existing^ 
between  the  two  countries,  and  taken  possession  of  part  of  the  territory  still 
<n  dispute  between  our  respective  Goven  ments,  and  am  requested  by  your 
Excellency  immediately  to  recall  the  aggressors,  and  to  subject  their  con- 
duct to  such  judicial  inquiry  as  is  demanded  by  so  serious  an  offence  as  cre- 
ating agitation  and  alarm  among  the  peaceful  inhabitants  of  a  friendly  coun- 
try,  and  endeavoring  to  embroil  the  two  Governments  in  a  most  serious  dis>- 
pute. 

'Ilie  letter  of  your  Excellency  has  communicated  to  me  the  only  authentic 
information  I  have  yet  received  of  a  transaction  of  this  nature,  and  I  regret 
equally  with  your  Excellency  that  any  people  from  this  State  should  have 
committed  the  acts  of  the  kind  descrioed,  and  created  agitation  and  alarm 
among  the  peaceful  inhabitants  of  a  friendly  country.  But  as  the  names  of 
the  aggressors,  and  the  particular  nature  and  circumstances  of  the  transaction 
are  not  made  known  to  me,  it  is  out  of  my  power,  with  my  present  infor- 
mation, to  account  for,  or  explain  acts  which,  had  I  been  apprised  of  the 
intention  to  have  committed  them,  my  object  would  have  been,  if  possible, 
to  have  prevented. 

Two  gentlemen  were  appointed  by  this  depaatment,  in  virtue  of  a  resolve 
of  the  Legislature  of  this  bUate.  *<to  ascertain  the  number  of  persons  settled  on 
the  public  lands  north  of  the  line  running  west  from  the  Monument;  the 
manner  in  which  they  respectively  held  the  same;  and  to  report  all  the  facts 
which  will  be  for  the  interest  of  the  State,  to  enable  them  to  adopt  some 
mode  of  quieting  the  settlers  in  their  possessions."     To  gain  this  informa- 


If. 


I 


2«  [3  ] 

tion,  was  the  extent  of  their  authority.  I  am  informed  that  they  have  peace- 
ably performed  the  duties  of  th«ir  appointment,  though  a  formal  report  of 
their  proceedings  has  not  been  received.  It  is  not  to  bo  presumed  that  they 
are  the  persons  to  whom  allusion  is  made  in  your  Excellency's  letter.         "^ 

With  regard  to  the  suggestion  of  your  Excellency,  that,  until  this  unfqr- 
tunate  boundary  question  is  definitively  settled,  it  is  your  imperative  duty  to 
maintain  inviolate  the. existing  boundaries  of  the  province  committed  to  your 
charge,  I  would  reply,  that  if,  by  ^theexistingbrundaries  of  the  province," 
your  Excellencv  intends  the  boundaries  as  fixed  and  established  by  the  de- 
finitive treaty  of  peace  of  1783,  and  as  recognized  and  described  in  successive 
acts  and  documents  of  the  Government  of  Great  Britain  for  many  years  be- 
fore as  well  as  after  that  treaty,  it  is  not,  and  never  has  been,  the  intention 
of  the  Government  of  this  State  to  assert  any  claim  or  jurisdiction  beyond 
ihatline.  If,  on  the  other  hand,  a  line  recently  designated,  commencing  at 
Mar's  Hill,  southward  of  the  St.  John's  river,  and  running  through  the  lands 
that  divide  the  head  waters  of  the  branches  of  the  St.  John's  from  those  of 
the  Penobscot,  is  intended  as  *<the  existing  boundaries,"  your  Excellency, 
I  tntst,  is  aware  that  this  line  is  not,  and  never  has  been,  recognized  by  this 
Government  as  the  limits  of  their  territory  and  jurisdiction.  The  country 
beyond  that  line,  for  a  long  course  of  time,  has  been  within  the  actual  limits 
and  jurisdiction  of  this  State,  and  of  the  State  of  Massachusetts,  to  whose 
rights  and  sovereignty  over  this  territory,  Maine  succeeded,  by  the  act  form- 
ing them  into  a  separate  State. 

As  this  important  question  is  now  pending  between  the  Government  of  the 
United  Statesand  that  of  Great  Britain,  which  alone  have  the  power  definitive- 
ly to  settle  it,  I  shall  forward  your  communications  to  the  President  of  the 
United  States.  In  the  mean  time,  it  will  be  my  endeavor,  as  I  am  assured 
it  will  be  that  of  your  Excellency,  to  prevent  the  occurrence  of  any  event 
that  may  embarrass  the  negotiation,  or  interrupt  the  harmony  and  good  un- 
derstanding which  happily  exists  between  our  respective  Governments. 

With  high  considerations, 

I  have  the  honor  to  be,  sir. 

Your  obedient  servant, 

SAML.  E.  SMITH. 

To  his  Exc'y  Sir  Arch'd  Campbell, 

Major  General,  ^c.  fyc.  Lieut.  Governor 

of  the  province  oj  New  Brunswick. 


To  RoscoE  G.  Greene, 

Secretary  of  the  State  of  Maine.  , 

Sih:  We  commence  this  date  at  Captain  Simeon  Herbert's,  Madawaska, 
September  the  28th,  where  we  are  held  prisoners  by  the  British  authority, 
for  acting  under  a  warrant  from  William  D.  Williamson,  justice  of  the  peace 
for  the  county  of  Penobscot,  in  the  State  of  Maine,  to  call  a  town  meeting, 
and  act  on  town  affairs,  agreeable  to  an  act  of  the  Legislature  of  Maine,  in- 
corporating this  place  into  a  town  by  the  name  of  Madawaska;  which  war- 
rant we  have  complied  with  according  to  law.  The  manner  of  our  arrest  is 
as  follows:  his  Excellency,  sir  Archibald  Campbell,  Lieutenant  Governor 
and  commander  in  chief  of  the  province  of  New  Brunswick,  arrived  here 
on  the  «3d  instant,  with  one  colonel,  one  captain  of  the  miKtia,  the  Attor* 
4 


[31  "  26 

ney  General  of  the  province,  and  Mr.  McLaughlin,  and  the  sheriff  of  the 
county  of  York,  in  said  province.  On  the  24th,  directed  warrants  to  be  is* 
sued  against  ad  those  who  acted  at  said  meetings,  by  giving  in  their  votes. 
We,  the  undersigned,  was  arrested  in  this  neighborhood  on  the  25th  On  the 
26th,  the  sherinand  Capt.  Combs,  with  some  militia,  ascended  the  river  to 
Mr.  Baker's,  to  arrest  those  in  that  neighborhood;  from  thence  to  the  St. 
Frangois  selllement— expected  to  return  to  day;  then  we  are  immediately 
sent  to  Fredericton  gaol.  When  the  rest  of  our  unfortunate  countrymen 
arrive,  we  will  insert  their  names  and  numbers,  together  with  what  other 
information  shall  come  to  our  knowledge.  The  families  of  them  will  be 
left  in  a  deplorable  situation,  unless  their  country  will  immediately  relieve 
them.  Our  intention  is  to  forward  this  by  the  way  of  Houlton,  as  we  pass 
through  Woodstock. 

With  high  consideration,  your  humble  servants, 

JESSE  WHEELOCK, 
DANIEL  SAVAGE. 

28th. — The  sheriff  returned  last  night,  with  Captain  Combs  and  militia, 
with  about  thirty  French  prisoners,  and  two  American.^,  Barnabas  Hunne- 
well  and  Daniel  Bean — the  rest  of  the  Americans  fled  to  the  woods.  We  are 
now  descending  the  river — stop  to-night  20  miles  above  Woodstock. 

Your's, 

JESSE  WHEELOCK. 

The  30M. — N.  B.  The  French  all  gave  bonds— some  for  trial,. and  some 
for  good  behaviour. 
A  true  copy. 

Attest: 

R.  G.  GREENE, 
Secret  a.'y  ofState^ 


